03-28-77 Council Meeting Minutes

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REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL A BILL AMENDING COMMONLY KNOWN OF SOUTH BEND, (FILLMORE ROAD LANE) . ORDINANCE NO. '4990 -68, AS AMENDED, AS THE ZONING ORDINANCE OF THE CITY INDIANA (CHAPTER 21, MUNICIPAL CODE) (LINDEN AVENUE) NORTH OF WESTWOOD MARCH 28, 1977 Council Member Kopczynski made a motion that this bill be referred back to the Residential Neigh- borhood Committee, seconded by Council Member Dombrowski. The motion carried on a roll call vote of six ayes (Council Members Serge, Szymkowiak, Kopczynski, Adams, Dombrowski, and Horvath) and three nays (Council Members Miller, Taylor and Parent). BILL NO. 14 -77 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (LAUREL WOODS). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Alex Cholis, attorney for the petitioners, made the presentation for the bill. He indicated this was a voluntary annexation. He said this tract was at the corner of Auten and Laurel Road, and measured approximately 915' by 1716', along with a strip of land which ties it to the edge of the City limits. He said the owners propose to develop a housing project on this land. He said the project will cost a total of $6,200,000, which will be a nice tax base for the City. He said the terrain would not take septic tanks, and the City indicated it was feasible to give them City water and sewage. Council Members Serge indicated his Council committee was favorable toward this annexation. Mr. Dan Manion, attorney representin4 the remonstrators against Clay Township annexation, indicated he felt there were many legal pro- blems with this proposed ordinance. He indicated that this annexation would be taken to court if the Council passes it. He asked the Council not-pass what he considered an illegal ordinance. He indicated the City was agreeing to provide services, but he thought that strip annexation was illegal. He said the courts in Indiana have indicated that it is illegal. Mr. Thomas Brunner, City Attorney, indicated that his department would not submit an illegal ordinance to the Council He said they hoped to never mislead the Council. Council Member Kopczynski asked how many fam- ilies would be in the proposed project. Mr. James Childs, the architect for the project, indicat( there would be 148 units. Council Member Kopczynski asked if all the units would have individual water meters. Mr. Childs indicated there will be 76 individual meters and 76 multi - family units with one meter per building. Council Member Kopczynski indicated he thought bulk meters were un- fair. He asked if the service lines running into the area were owned by the City. Mr. Patrick McMahon indicated they will be serviced through River Commons. He said there were lines on Laurel Road, but it was the intention to connect through the River Commons area. Council Member Kopczynski asked who owned the lines running to River Commons. Mayor Nemeth indicated the City owned the sewer lines, and River Commons owns the water line. Council Member Kopczynski asked if the City paid for the sewer lines. Mr. McMahon indicated trunk lines are constructed using City money. Council Member Taylor indicated he was in favor of the annexation. Council President Parent made a motion to recommend this bill favorable to the Council, seconded by Council Member Miller. Council Member Adams indicated that the action they were taking was on the annexation, and this property would have to come before them again for rezoning. She asked Mr. Brunner his opinion on strip annexation. Mr. Brunner indicated his office would like to have the opportunity to litigate any question in regard to this annexation. The motion,carried. BILL NO. 31 -77 A BILL APPROPRIATING $54,846.00 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR VARIOUS ADMINISTRATIVE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said they presently have four environmental protection officers, and it is felt to continue the program there should be five. He said one of these would serve as a rover among the four sectors of the city handled by the other four. He said two of the four presently em- ployed were being paid through Community Development, and the Department of HUD has indicated they will not continue to approve of this indefinitely. He said they do not have local funds to provide the salary for the environmental coordinator and are consequently requesting funds for this salary. He said the accounting clerk III position is for the person handling the River Bend Plaza office responsibilities. He said the Personnel Department's duties have constantly been increasing, and there is insufficient money available in the Civil City budget to fund the posi- tion of assistant personnel director. Council Member Adams asked how many environmental protecti( officers currently are employed by the City. Mr. Mullen indicated there were two on the City payroll and two that were funded from Community Development. Council Member.Aaams' asked about the need for a rover protection officer. Mr. Mullen indicated that the rover would be a part -time employee and fill in where needed. Council Member Adams asked what problems they have had not having any assistant personnel director. Mr. Mullen indicated it had been difficult. Council Member Miller asked who was doing the coordinating for environmental. Mr. Mullen indicated they have combined the job with the Mayor's Action Center and the man is doing both jobs. Council Member Miller made a motion to cut the environmental coordinator's salary and one environmental 1. protection officer for a total of $15,825, making the total 100 account $21,191, reduce $2,500 in account 600, making the total AR -1, $24,969, seconded by Council President Parent. A discussion ensued'; between the Mayor and Council Member Miller regarding the funding of this position. Council Member Miller indicated.he would amend his motion and have the environmental coordinator', salary set at $10,800. Council President Parent indicated he wished to withdraw his second. Mr. Mullen indicated the coordinator's salary was $14,000 and they were asking for the same job at $10,800. The Mayor said they did not feel they could continue using Community Development money. Council President Parent made a motion to recess, seconded by Council Member Szymkowiak. The motion failed on a roll call vote of four ayes (Council Members Szymkowiak, Taylor,_ Horvath and Parent) and five nays (Council Members Serge, Miller, Kopc °zynski, Adams and Dombrowski). Council Member Serge indicated that when this program started they were going to have a protection office2 in each district. The Mayor said they decided to go to four quadrants similar to the Street De- partment. Council Member Serge asked about the delay in getting these violations handled. Mayor Nemeth indicated that the value of the environmental officers were that they were able to take care of fifty percent of the problems by talking to the violators. He said in the past there has been no clean up crews except in the summer. He said they now have established a clean up crew within the Street Department.